Legal

Pennsylvania Divorce Filing Checklist 2025

5 min read
By DivorceAI Team — Legal Research & Financial Planning Experts
Pennsylvania scenic highway representing divorce filing jurisdiction and venue requirements
Pennsylvania landscape for divorce filing checklist guide

6-month residency, 90-day waiting period, county-specific fees. Get your Pennsylvania filing checklist.

Filing for divorce in Pennsylvania can feel overwhelming when you're facing complex legal requirements while managing the emotional weight of ending your marriage. Understanding Pennsylvania's specific residency rules, required court forms, and filing procedures is essential—missing a critical step or filing in the wrong county can delay your case by months and cost you hundreds in additional fees. This divorce filing checklist ensures you have everything you need.

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This Pennsylvania divorce filing checklist walks you through every requirement for starting your divorce in 2025, from the six-month residency rule to mandatory forms to filing fees. By the end, you'll have a clear roadmap for initiating your divorce in the Court of Common Pleas and protecting your rights from day one.

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Pennsylvania Residency Requirements for Divorce

Before filing for divorce in Pennsylvania, you must meet specific residency requirements designed to establish the court's jurisdiction over your case.

State Residency: At least one spouse must have lived in Pennsylvania continuously for 6 months (180 days) immediately before filing the divorce petition, according to 23 Pa.C.S. § 3104(b).

There's no county-specific residency requirement—once you meet the six-month state residency threshold, you can file in any Pennsylvania county permitted by the venue rules.

Practical Tip: Start counting your residency period from the day you physically moved to Pennsylvania and established your home here. Keep documentation like leases, utility bills, or employment records that prove your residency start date.

Required Forms for Pennsylvania Divorce Filing

Pennsylvania divorce cases require specific standardized forms governed by the Pennsylvania Rules of Civil Procedure. The Unified Judicial System provides official fillable forms for self-represented filers.

Core Filing Forms:

  1. Complaint with Notice to Defend (Pa.R.C.P. 1920.72(a)) – Your initial divorce petition stating grounds and basic information
  2. Affidavit of Consent (Pa.R.C.P. 1920.72(b)) – Required for mutual consent divorces after the 90-day waiting period
  3. Notice of Intention to File Praecipe to Transmit Record (Pa.R.C.P. 1920.73) – Notice to your spouse before requesting the final decree
  4. Praecipe to Transmit Record (Pa.R.C.P. 1920.73(c)) – Your formal request for the court to enter the divorce decree
  5. Proof of Service – Documentation showing your spouse was properly served with the Complaint

All official forms are available for free download at the Pennsylvania Unified Judicial System Self-Help page.

Filing Fees and Where to File in Pennsylvania

Pennsylvania divorce cases are filed in the Court of Common Pleas, specifically with your chosen county's Prothonotary office (the court clerk).

Filing Fees (2025):

Filing fees vary by county. Recent examples include:

  • Franklin County: $167.50 (effective January 2, 2025)
  • Allegheny County: $190.75 (effective January 13, 2025)
  • Praecipe to Transmit Record (Allegheny): $20

Check your county Prothonotary's website for current fee schedules, as fees change periodically. You can also estimate your total divorce costs based on your specific situation.

Venue Options:

Under Pa.R.C.P. 1920.2, you can file in a county where either spouse resides or in a mutually agreed-upon county.

Step-by-Step: Filing for Divorce in Pennsylvania

Follow these steps to file for divorce in Pennsylvania using the mutual consent (no-fault) process—the fastest path when both spouses cooperate:

  1. Confirm residency: Verify that at least one spouse has lived in Pennsylvania for 6 months
  2. Choose your county: Select a proper venue under Pa.R.C.P. 1920.2
  3. Complete the Complaint: Fill out the Complaint form using the official template (Pa.R.C.P. 1920.72(a))
  4. File with the Prothonotary: Submit your Complaint to your chosen county's Prothonotary office
  5. Pay filing fee: Pay the county-specific filing fee (approximately $165-$210)
  6. Serve your spouse: Deliver copies to your spouse within 30 days (in-state service) or 90 days (out-of-state service) per Pa.R.C.P. 1930.4
  7. Wait 90 days: The mandatory waiting period begins after service is complete
  8. File Affidavits of Consent: Both spouses sign and file consent affidavits (within 30 days of signing)
  9. File Praecipe to Transmit: Submit your request for the court to enter the final decree

Frequently Asked Questions

Q: How long do you have to live in Pennsylvania to file for divorce?
A: At least one spouse must have lived in Pennsylvania continuously for six months immediately before filing. There's no additional county residency requirement.

Q: What is the 90-day waiting period in Pennsylvania?
A: For mutual consent divorces under § 3301(c)(1), couples must wait 90 days after the Complaint is served before signing Affidavits of Consent. This is Pennsylvania's statutory cooling-off period.

Pennsylvania's 90-day waiting period is a great time to get organized financially; a divorce preparation platform can guide you through budgeting and planning during the wait.

Q: Where do I file divorce paperwork in Pennsylvania?
A: File with the Prothonotary office at your county's Court of Common Pleas. For a complete breakdown of timelines, see our guide to understanding the divorce process.

Need a Deeper Analysis?

The calculator above gives you a quick cost estimate. For a comprehensive breakdown covering filing fees, attorney costs, and contested vs. uncontested scenarios, get your full analysis here.

Conclusion

Understanding Pennsylvania's divorce filing requirements is your first step toward a smoother divorce process. While the legal requirements may seem complex—from the six-month residency rule to the 90-day waiting period—this checklist ensures you start your case properly and avoid costly delays. Get your personalized filing checklist to stay on track.

For a deeper dive into Pennsylvania divorce timelines and contested procedures, explore our comprehensive guides. Remember: knowledge is power during divorce, and understanding the Pennsylvania Rules of Civil Procedure protects your financial future.

In a protracted Pennsylvania divorce, Divorce AI provides tools and insights to help you stay prepared at every stage of the process.

If you have children, be sure to review our Pennsylvania custody and parenting plans guide for information on custody factors, parenting time schedules, and the 40% overnight threshold that affects support calculations.

For couples seeking a simpler path, Pennsylvania offers options for self-represented filing. See our Pennsylvania DIY divorce options guide for details on uncontested divorce procedures, required forms, and when professional help may be needed.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Divorce laws vary by state and change frequently. For personalized guidance, consult a licensed family law attorney in your jurisdiction. DivorceAI provides educational resources and planning tools but is not a law firm and does not provide legal representation.

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